Deadline for CE marked products extended further

[edit] Introduction

On 25 August 2021, the Government announced that UK Conformity Assessed (UKCA) marking will not be mandatory for products until 1 January 2023, delaying the previous deadline by one year. The Government planed to introduce a statutory instrument under section 8 of the European Union Withdrawal Act to extend the deadline. However on 2 September, 2024 a Building Safety Statement made by Parliamentary Under Secretary of State for Building Safety and Homelessness included an update on the timeframe for recognition of the CE Mark.

In summary, the statement confirmed that:

• CE marking will be accepted past 30 June 2025 for construction products.
• The Government has committed to system wide construction product regulatory reform.
• UKCA marking will remain a valid and accepted regulatory mark.
• The Government will explore the long-term future of CE/UKCA marking as part of this regulatory reform.
• Any subsequent changes to the recognition of CE marking would be subject to a minimum 2-year transitional period.

The Government also confirmed it will engage with UK Conformity Assessment Bodies, the UK Accreditation Service, and the wider industry to strengthen the conformity assessment market.

[edit] Background

UKCA marking replaces EU labelling such as the CE mark. It allows the UK to have control over its goods regulations and maintain product safety standards for most goods which previously required the CE marking (including ‘new approach’ goods and aerosol products that previously required ‘reverse epsilon’ marking). Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland.They will need to use the UKNI marking if they use a UKCA body to test their products.

Following the announcement however, businesses will have more time to apply the new markings for most products placed on the market in England, Scotland and Wales.

The decision follows lobbying from engineering services alliance Actuate UK and others to recognise that for many products needing third party conformity assessment, including construction products, there would not be sufficient availability or capacity for UK Approved Body testing by the end of 2021. Even under the revised deadline, uncertainty remains about the exact mechanism for compliance.

[edit] Responses

ECA Director of Legal and Business Rob Driscoll commented, “With the ongoing materials shortage and severely limited product testing facilities, the materials market was clearly going to struggle to verify common products as UKCA-compliant within the Government’s previous deadline. All things considered, it is unlikely that material supplies will improve dramatically in the next 12 months. However, this deadline extension will offer some sorely needed respite for manufacturers as well as contractors. The looming cliff-edge of the soaring materials shortage will be eased by this move, but not removed as many of the other global causes are beyond the UK Government’s control.”

Construction Leadership Council co-chair Andy Mitchell said, “Even with this extension, it will still be very challenging to ensure that the whole sector is ready for the new date, given the need to drive major increases in testing capacity. It is vital that industry continues to work with the Government to address these issues, ensuring that we don’t just postpone the crisis by 12 months, but instead establish a robust testing and marking regime to ensure the continued safety and performance of the products that we use.”

Kevin Crawford MCIAT, President Elect of CIAT said, "A new conformity assessment process will take time and investment from everyone, and we in the UK are starting to see the effects of certain supply chains no longer wishing to supply the UK market with their products as it is deemed no longer viable due to the increased costs of testing and certification."

Ref https://www.gov.uk/government/news/businesses-given-more-time-to-apply-new-product-safety-marking

[edit] Related articles on Designing Buildings

• Articles by the Electrical Contractors' Association (ECA).
• BBA becomes an Approved Body for UKCA Marking.
• CE marking in the construction industry.
• CIAT articles.
• Construction Products Regulation CPR.
• Examining the 2021 construction materials shortage.
• Product labelling.
• The Construction Industry Council summarises what to expect from the Construction Products Regulations.
• UKCA mark transition extension for construction products requested.
• UK Conformity Assessed UKCA.

[edit] External resources

• Gov.uk, Businesses given more time to apply new product safety marking.